What is the current state of the law on the basis of tactical considerations?

California, United States of America


The following excerpt is from People v. Concepcion, D074194 (Cal. App. 2018):

"A court reviewing the conduct of counsel must in hindsight give great deference to counsel's tactical decisions." (People v. Holt (1997) 15 Cal.4th 619, 703.) "Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his act or omission." (People v. Fosselman (1983) 33 Cal.3d 572, 581 (Fosselman).) "An attorney may choose not to object for many reasons, and the failure to object rarely establishes ineffectiveness of counsel." (People v. Kelly (1992) 1 Cal.4th 495, 540.)

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